Supremes Take a Second Look
By Jeff Knox
(October 2, 2009) On September 30, the Supreme Court announced that they were going to review the Second Amendment case McDonald v. City of Chicago and decide whether the Second Amendment applies at the state and local level. Application of the Bill of Rights to the states has been a long and convoluted battle with the Second Amendment being the last major article left out in the cold.
As originally proposed and applied, the Bill of Rights was an expression of universal, natural rights, but was considered directly enforceable only on the federal government – except that it was a statement of principles to which all of the states in the union agreed. Over the years there has been wrangling between states and the federal government regarding recognition of these rights, particularly in the years surrounding the Civil War as debates raged over the definition of a citizen and the rights such citizens enjoyed. Chief Justice Taney presents these rights of citizenship – privileges and immunities – in a clear and unequivocal fashion in his infamous decision in Dredd Scott v. Sanford. Part of the debate was over whether a person recognized as a citizen by one state was automatically a citizen of the United States and fully possessed of the privileges and immunities of such citizenship. Justice Taney described these privileges and immunities to include, “the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went.”
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